United States District Court, N.D. California
ORDER GRANTING IN PART TELESIGN'S MOTION TO
COMPEL AMENDED DAMAGES CONTENTIONS RE: DKT. NO. 121
VAN KEULEN UNITED STATES MAGISTRATE JUDGE
Twilio, Inc. (“Twilio”) initiated this action in
December 2016. The parties filed their joint case management
statement on February 22, 2017. ECF 45. In accordance with
the schedule set forth in the Patent Local Rules, Twilio
served its damages contentions on June 20, 2017; Defendant
Telesign Corporation (“Telesign”) served its
responsive damages contentions on July 20, 2017. The parties
have engaged in meet and confer efforts, to varying degrees
of success. On September 21, 2017, Telesign filed this motion
to compel Twilio's compliance with Patent Local Rule 3-8.
The parties have been ordered to an early mediation (ECF 74,
130), which is scheduled for December 4, 2017.
this Court's assessment of the requirements of the Patent
Local Rules, the arguments presented in the parties'
briefs and at the hearing held on November 14, 2017,
Telesign's motion to compel is granted in part. Twilio
will supplement its damages contentions with a computation of
damages, as detailed below, no later than November 29, 2017.
In addition, the parties will continue rigorous meet and
confer efforts and produce additional documents as directed
at the hearing and reflected in the record.
The Patent Local Rules Require a Computation of
Patent Local Rules were amended as of January 2017, to
address disclosure of damages information, and challenges in
this District to L.R. 3-8 are still relatively few. This
case, where Twilio has not provided either the reasonable
estimate addressed in L.R. 2(b)(5) or a computation as
contemplated in L.R. 3-8, presents an opportunity to address
the Local Rule requirements to provide clarity to the
parties, particularly in light of the impending mediation on
December 4, 2107.
orient itself and the parties to the disclosure obligations
set forth in the Local Rules, the Court finds it helpful to
begin with a relevant definition:
1. the action of making new or secret
"A judge ordered the disclosure of the government
Disclosure, Oxford English Dictionary (3rd Ed. 2010)
first instance under the Local Rules where parties are to
make known damages calculations is the initial case
management conference. Local Rule 2(b)(5), in requiring a
good faith estimate at the initial case management
2. GENERAL PROVISIONS . . .
(b) Initial Case Management Conference. When the parties
confer pursuant to Fed.R.Civ.P. 26(f), in addition to the
matters covered by Fed.R.Civ.P. 26, the parties shall discuss
and address in the Case Management Statement filed pursuant
to Fed.R.Civ.P. 26(f) and Civil L.R. 16-9, the following
. . .
(5) The parties shall provide the court with a
non-binding, good-faith estimate of
the damages range expected for the case along with an
explanation for the estimates. If either party is
unable to provide such information, that party shall explain
why it cannot and what specific information is needed before
it can do so. Such party shall also state the time by which
it should be in a position to provide that estimate and
explanation. (Emphasis added.)
days later, L.R. 3-8 requires a computation of ...